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New Braunfels Herald Zeitung (Newspaper) - August 26, 1983, New Braunfels, Texas City staff testifying in Henry suit hearingBy DYANNE FRY Staff writer A carload of city employees and one private citizen went to San Antonio Friday morning to testify in a preliminary injunction hearing connected with Robert R. Henry s suit against the City of New Braunfels. Henry, owner of the Schlitterbahn and luanda Resort, filed suit Aug. 9 in the court of U.S. District Judge H.F. Garcia. He claims the City Council and its hired hands have violated his civil rights through “selective en forcement” of no-parking ordinances in the neighborhood if his businesses, and unwarranted searches of his business by city health and fire inspectors. City Attorney John Chunn has yet to file an answer to the suit. I^ast week, Henry’s attorneys asked the judge for a preliminary injunction which would prevent the city from enforcing any no-parking rules while the case is still pending. As requested, the injunction would apply both to the 1981 ordinance, which forbids parking on liberty Avenue between Common and North streets; and a new ordinance extending the no-parking zone down one side of liberty from North to Torrey streets. The latter ordinance just passed second reading in City Council. It must be read and voted on a third time before it can become effective. If the injunction is granted, council may not be able to vote on the third reading until some decision is reached on the suit. Henry and Bad Schloss Inc., the corporation which operates the Schlitterbahn, also asks that the city be enjoined from prosecuting complaints currently filed against him in Municipal Court, and from “making unauthorized and unwarranted searches” of the Schlitterbahn and luanda Resort. The Municipal Court complaints were filed by residents of Bavarian Village Subdivision, and concern Henry’s use of some properties he owns off Bavarian Drive, some distance from the Schlitterbahn. The resort owner entered a “not guilty” plea on those complaints Aug. 16, and the case is on next Tuesday’s court docket. “If it goes,” said Court Clerk Tinker io'ioeng. Moertg was one of the city employees called to testify in Friday's hearing Also in the entourage were City Manager E.N. Delashmutt, Police Chief Burney Boeck, the fire marshal, the city sanitarian, the building inspector, the parks director and Delashmutt's administrative assistant, who recommended the latest no-parking ordinance after making a traffic study. Bob Henry JIBk. New ass»>B Braunfels New Braunfels, Texas Hw»ld-ZcltuM FRIDAY August 26,1983 25 cents Vol. 92 - No. 170 20 Pages —2 Sections (LISPS 377-880'LORA program gets board OKBy DEBBIE DeLOACH Staff writer Trustees of New Braunfels Utilities approved a Ixiwer Colorado River Authority (UCBA I-sponsored cooling efficiency rebate program Thursday. “It’s a good program with a certain amount of effectiveness, and I think we should give it our support and see it through,” Utilities manager Bob Sohn said in his recommendation to trustees. “It will have an impact, but not a major one. But we should get our feet wet, and if it works, we could see a stabilization of fuel costs — no miracles, just stabilization.” Trustee Robert Orr was concerned that the program could end up costing NBU more than it was worth. “I don’t want us to have a great deal of cost to gear up for this program, and then see it bungled up with LCRA’s administrative costs," Orr said. But board chairman Bill Brown told trustees, "The LCRA board has approved it, and we’re going to pay for it, so we might as well join up. Personally, I think we could take the same amount of money, educate the public and accomplish the same thing.” Utilities trustees aren’t the only ones with reservations about the program Earlier this month, directors of the Pedernales Electric Cooperative, which serves the Canyon I^ake area, voted not to participate. The nuts and bolts of the one-year agreement with LCRA go like this, Sohn said. "The LCRA through NBU will pay $50 per ton (an air-conditioning capacity of 12,000 BTU’s per hour equals one tom to the buyer, and $10 per ton to the seller, for high-efficiency equipment with a Seasonal Energy Efficiency Ratio (SEER I of nine and above. The SEER represents the amount of electricity rn for the amount of cooling out. “NBU gets $24 a ton through the program, and will have a list of approved equipment above 9 SEER.” Sohn said, adding that the program would also apply to high-efficiency heat pumps. Sohn also said the program was more geared toward penetration into the new house market, with replacement of old cooling and heating units running a close second. "But the results will ultimately reduce the load on our generators," he added. In other action, trustees gave authorizations to bid budgeted electrical, water and sewer inventory items; budded capital equipment and vehicles for 1983-84; a six-month fuel contract and a transformer salvage and repair contract. A.A. Shepherd Roofing was awarded a $17,937 See UTILITIES, Page 10A Fire destroys Galveston hotel GALVESTON • AP I — Fire erupted today in a historic downtown section of hurricane-ravaged Galveston, spreading through one block and injuring at least two firefighters. Damage from Hurricane Alicia, which pounded the area earlier this month, could have been responsible for the blaze, said Fire Chief H R O’Donohoe. He also said emergency crews were strained by the city’s second crisis in little more than a week. “Everybody is pretty worn down from answering numerous law and rescue problems and getting the equipment back in shape. To have this come so close behind it (the hurricane! really strains the physical capabilities of the men,” O’Donohoe said. He said the fire "is quite possibly hurricane-related,” perhaps sparked by a downed electric wire. The flames heavily damaged a vacant four-story hotel in an area adjacent to the old Strand section An engineer called the 100-year-old structure a “total loss.” A nightclub also was destroyed. O’Donohoe said. Police dispatcher Sheree Brockstine said the fire began about 12.55 a rn. It was contained at about 4 a m., said O’Donohoe, after 75 firefighters were called in from Galveston, Texas City. I ai Marque and Hitchcock. "It started as a two-alarm fire, and then rapidly spread to a general alarm, where you call everyone in the surrounding area to help prevent the whole town from going up,” said Ms Brockstine Witnesses said flames leaped 50 feet into the air from the old four-story Washington Hotel. The blaze also spread to the Kon Tiki Club and a printing company, said officials One of the hotel's walls collapsed, and authorities blocked off a four-block, 1,-shaped area of the downtown section (rf buildings, some of which are more than IOO years old O'Donohoe said one firefighter was admitted to the intensive care unit of John Sealy Hospital for treatment of smoke inhalation and heat exhaustion Another was treated at the scene for a head injury caused by a fall but did not require hospitalization. O'Donohoe said Galveston firefighters were worried for a time that tile blaze might spread from the Strand to other downtown sections All available equipment was called to the scene, officials said. The historic hotel, owned by George Mitchell, was planned for use as apartments Officials said the blaze was discovered at the RB Drug Store, w here aerosol cans heated by the flames began exploding The fire quickly spread to the hotel, which had been damaged in the hurricane and was under restoration, officials said O'Donohoe said volunteers were called ui from surrounding cities because downed phone lines caused by Alicia prevented many Galveston firefighters from being contacted. He said police units were sent to get some Galveston firefighters at their homes Jack Morns, an architect involved in the hotel's renovation, said the building s interior was gutted and the remaining walls would be knocked down later today. He c alled it a "total loss ” Bell strike to continue until new pact finalized continue in all parts of the country ” until individual pacts are signed The walkout by the CWA, the largest of the Bell System’s unions, was to have ended Thursday. Thousands of technicians and operators who belong to two smaller AT4T unions went back to work because several local pacts had been negotiated to mesh with the national contract But the bulk of the workers who struck the Bell System at one minute after midnight Aug 7 stay ed off the job as the CW A kept its picket lines intactNot ready for prime-time classes    "    c'"a' It s going to be awhile before nine month old Gene Holcombe is ready to go to school, but he seems to be contemplating its beginning Thursday as classes opened in Comal ISD. His mother had come to Goodwin Primary to register an older sibling. New Braunfels (SD schools re-open Monday. WASHINGTON (AP* — Despite a tentative national agreement, most of the 675.00U workers w ho struck American Telephone & Telegraph Co three weeks ago remain off the job while the union negotiates contracts with the company's local subsidiaries. Glenn E. Watts, president of the Communications Workers of America, told a news conference at union headquarters here Thursday that because of negotiating problems with several AT&T subsidiaries, "the strike against the Bell System will Krueger/Campaign manager quits; replacement named AUSTIN (AP) — Harmon Usnow, campaign director for Bob Krueger’s U.S. Senate race since March, said today he is resigning to become executive secretary and deputy commissioner of the Texas Veterans l,and Board. Krueger said Usnow would be replaced by Alan Schoenbaum, a San Antonio attorney and former administrative assistant to state Sen. Kent Caper-ton, D-Bryan. He worked in Krueger’s 1978 Senate campaign and ran Caperton’s state Senate race in the 1980 Democratic primary against state Sen William E. "Bill” Moore. Lisnow had been deputy state comptroller under Comptroller Bob Bullock before resigning to run Bullock’s 1982 re-election campaign. Krueger said Usnow had been resposible for overall management of the statewide organization that has raised more than $300,000 and established organizations in more than 120 counties. "Through Harmon’s efforts, Alan will have an See KRUEGER, Page 10A Man missing at Canyon Lake 9r\ McElroy: sting at lake two weeks Comal County Sheriff’s deputies are searching for a Port Aransas man who was reported missing Aug. ll. Glen Alan McElroy, 23, was last seen on the north side of Canyon Lake, LL Rudy Rubio said. McElroy, who owns a tube shop in Port Aransas, left that city Aug. 8 to go lo Canyon Lake on a merchandising trip, Rubio said. He traveled alone, Rubio said. "We found his truck on the (August i 19th, parked at the entrance of Jacob Creek's Park,” Rubio said. McElroy is 5 feet, ll inches tall, weighs ISO pounds, has shoulder-length brown hair and green eyes, Rubio said. He was probably wearing light-colored cutoffs, a T-shirt and thongs. He also had two-days change of clothing and about $300, Rubio said. McElroy's parents contacted the sheriff's department Aug ll although he was not due back in Port Aransas until Aug. 12. Rubio said his parents in Port Aransas and his friends in Calyon Lake became worried when they did not hear from him as scheduled. lf anyone has seen a man who fits McElroy’s description, or who may know something about McElroy, please contact the Criminal Investigation Department at the sheriff’s office. Inside Today's Weather Comal County forecast calls for partly cloudy and hot today with a 20 percent chance of afternoon thundershowers. It will become fair tonight, then go back to partly cloudy and hot Saturday. Light easterly to southeasterly winds will blow today, become variable tonight, and shift to easterly to northeasterly near IO mph Saturday. Sunset will be at 8 p.m., and sunrise Saturday will be at 7:05 a.m. Cyanide Death A Dallas jeweler who drank a carton of milk tainted with cyanide earlier this week died in a hospital Thursday. Police say they have no suspects, but the carton had pinpricks, as if it were tampered with. See Page 1B Walesa Talk Walesa stood nose to nose with Communist I leaders and explained the importance of free trade unions. After bu speech, a crowd of Solidarity members cheered hun on and carried hun off to rally. See Pege SA CLASSIFIED.....................248 COMICS.........................UA CROSSWORD....................UA DEAR ABBY.......................2A DEATHS........................10A HOROSCOPE......................2A OPINIONS........................AA RELIGIOUS FOCUS.................SA SPORTS........................«.7A STOCKS........................ISA TV LISTINGS.....................UA WEATHER.......................10A Utilities 'comment' slot debuts at meeting There was a newcomer buried in the agenda Thursday. But New Braunfels Utilities trustees took full advantage of their new agenda item, Board Member Comment." The "Comment” will become a standard from now on, Utilities general manager Bob Sohn said “There’s always a slot for customer communication, consultant report and general manager and staff reports. So I just figured ya’ll might like a SIU for yourselves. ” And trustees O.A. Stratemann Jr. and Robert Orr weren’t going to let their first “comment” tune go to waste. They took turns. First, Stratemann took issue with phone calls he'd received about after-hours blasting on Loop 337, in connection with Utilities' relocation of the Kerlick water tank "I really don’t like getting those phone calls, or receiving those letters, Bob,” Stratemann said Sohn assured the board he'd had three documented meetings with the contractor rn question, "and from the Utilities’ standpoint, we’ve taken precautions and told the contractor to follow ail state blasting laws. "I also think we’ve gettung the blame for some blasting going on in Oakwood for new home construction," Sohn added Orr smiled and joined in Stratemann’s song and dance “I’m a NBU customer and people up there, and I’ve driven through dust clouds on the Loop that are worst than any fog,” he said, adding he’d Uke to see traffic stopped when dust conditions reach the danger point. Then Orr took the spotlight about security "We had some nuts break uito the Lx>op substation, looking for something to steal That’s the last place I’d go even if I was with someone who knew what would suck you up in there.” Orr said as chuckles filled the room "I mean, you can get crispy-fned in there real quick.” Sohn assured the board that security had been employed on an interim timing basis, and that the use (rf proximity alarms was being explored "Water wells scare me the most, and if we had those alarms and someone came near them after a certain time, we’d know it,” Sohn said. In addition, police do patrol those areas of concerns, Sohn said. "And they have gone that extra mile for ut in a lot of areas." - DEBBIE DaLOACH ;